LAWS(DLH)-2007-3-221

BHARAT BHUSHAN SHARMA Vs. PRATIBHA

Decided On March 14, 2007
BHARAT BHUSHAN SHARMA Appellant
V/S
PRATIBHA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.9.2005 passed by the Additional District Judge, Delhi in HMA No. 485/2001. By the impugned judgment, the learned ADJ dismissed the appellant's petition seeking divorce from the respondent on the grounds of cruelty.

(2.) THE marriage of the appellant with respondent was solemnized on 24.11.1999 according to the Hindu rites and ceremonies. It is the case of the appellant that that six days after the marriage on 30.11.1999, parents of the respondent took her away on the pretext of her having to attend classes for a computer course. Thereafter, the respondent joined appellant on 3.2.2000. It is stated that she behaved like stranger; she was insisting on living separately; hardly entered the kitchen to help his mother in the household work and started creating scenes in the house unnecessarily. She again left for maternal house with her brother on 15.3.2000 and the appellant brought her back on 3.4.2000. On 30.4.2000 when she received call that her mother was seriously ill, the respondent left the matrimonial home again. According to the appellant, when he went to the house of the respondent's parents, he found her mother to be hale and hearty and he was assured that the respondent would join his society within a fortnight. It is stated that on 15.8.2000, the respondent's father along with other relatives, went to the house of maternal uncle of appellant and informed that the appellant's father had evil eyes on the respondent; that he used to insist that respondent should serve liquor to him and made other scandalous allegations. When on 19.8.2000, one Bhudev Sharma along with Mohinder Singh, Pramod Sharma and Naresh Tyagi Advocate visited the house of the respondent and confronted her father demanding to know the reasons for making such scandalous allegations, the parents of the respondent started threatening that the whole of the appellant's family would be implicated in false cases.

(3.) ON behalf of the appellant, three witnesses were examined. These were the appellant himself, his father and mother. Likewise the respondent examined herself and her father and mother as witnesses. Lengthy cross-examinations took place of these witnesses. The Trial Court found that each of the witnesses stood by the statements made before the Court on oath and were unable to be shaken in cross-examination. The Trial court after a detailed analysis of the evidence on record concluded that the appellant had failed to prove his version of the events and that the version of the respondent appear to be correct. As regards the allegations made in the statement the trial court noted that the respondent was not being reckless, but rational, it concluded that she wanted to save her matrimonial life and could not be seen as making the allegations falsely. Accordingly, the trial court dismissed the petition.